Preparing for an Unemployment Hearing
Once you file for unemployment insurance benefits and learn the employer is contesting your claim, it is your responsibility to follow the progress of the case carefully.
Tip: Consider whether you require representation by experienced counsel at the hearing (especially if you are considering suing the employer in court over other issues and do not wish to lose the first battle). If you are anticipating receiving the maximum benefits allowed (which in some states can exceed $325 per week) and expect to be unable to find gainful employment for a long period of time (e.g., six months), it may be advantageous to hire a lawyer when the amount of money being contested is significant.
Many people do not know how to act at unemployment hearings. Claimants are often told by unemployment personnel that a lawyer or other representative is not required and that prehearing preparation is unnecessary. They then attend the hearing and are surprised to learn that the employer is represented by counsel who has brought witnesses to testify against their version of the facts. Some are unprepared for the grueling, possibly humiliating cross-examination lasting several hours that they are subjected to. Other claimants lose at the hearing because they don't understand the purpose of their testimony or what they must prove to receive benefits.
Plan on being able to attend the hearing on the date in question. If you cannot be present, speak to a representative responsible for scheduling, explain your reasons, and ask for another convenient date. This should preferably be done in person. Include future dates when you know you can appear. Call that individual the day before the old hearing date to confirm that your request has been granted.
An unemployment hearing is often no different from a trial. Witnesses must testify under oath. Documents, including personnel information, warnings, and performance appraisals, are submitted as exhibits. The atmosphere is rarely friendly. Thus, you must prepare in advance what you will say, how you will handle tough questions from the employer, and what you will try to prove to win the case.
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Copyright 1998 Steven M. Sack
